About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

10 Am. J. Trial Advoc. 15 (1986-1987)
Storytelling in Opening Statements: Framing the Argumentation of the Trial

handle is hein.journals/amjtrad10 and id is 25 raw text is: Storytelling in Opening Statements: Framing the Argumentation of the Trial Kathryn Holmes Snedakert Opening statements in judicial proceedings are unique speech situ- ations. As a type of argumentation, the opening statement presents a very special case. Opening statements cannot, according to trial pro- cedure, be argumentative. The United States Supreme Court has limited opening statements to informing the jurors concerning the nature of the action and the issues involved and to giving them an outline of the case so that they can better understand the testimony.' While restrained to a role technically nonargumentative, the opening statement is the anticipation and promise of what is to come. The opening statement is therefore the quintessence of argument, for this segment of the trial must persuade without appearing to do so.' For these reasons, the valve of the opening statement's subtle persuasion to the trial attorney is easily understood. The opening statement can be one of the most important phases of the persuasion process and the most significant aspect of any trial. Effective advocates suggest that an opening statement can win any lawsuit.' This school of thought suggests there is no single tool which has more potential for persuasion than the opening statement.4 Opening statements, some attorneys contend, are the most important statements a lawyer will make in a case.' One suggests that if faced with the necessity of choosing a time to speak-to argue a case to the jury- make that time the opening statement as opposed to the closing argument.6 Others claim the opening statement is the most valuable t J.D. (1987), University of New Mexico; M.A. (1984) University of New Mexico; B.A. (1980), University, Utah. A similar version of this article will appear in the forth- coming book entitled COMMUNICATION STRATEGIES AND THE LITIGATION PROCESS, (Southern Illinois Univ. press, 1988). 1. State of Arizona v. Washington, 434 U.S. 497, 98 S. Ct. 824, 54 L. Ed. 2d 717 (1978). 2. M. WESSELL, RULE OF REASON 189 (1976). 3. A. JUJLIEN, OPENING STATEMENTS 1 (1980). 4. Sumpter, A Trial Lawyer's Greatest Tool: The Opening Statement, 12 TRIAL LAW Q. 34 (1978). 5. Spangenberg, Basic Values and the Techniques of Persuasion, 3 LITIGATION 13 (1977). 6. Spangenberg, What I Try to Accomplish in an Opening Statement, in OPENING STATEMENTS AND CLOSING ARGUMENTS 3-11 (G. Holmes ed. 1983).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most